The OIC of the Colombo Crimes Division informed the Court today that he has not yet received necessary legal advice to arrest the interdicted High Court Judge Gihan Pilapitiya.
The case regarding telephone conversations between MP Ranjan Ramanayake and interdicted High Court Judge Gihan Pilapitiya was taken for hearing before Nugegoda Additional Magistrate H.U.K. Pelpola.
The Colombo Crimes Division OIC Neville De Silva said that since he has not received any legal instructions so far, he is not ready to obtain an arrest warrant on Judge Pilapitiya today as well.
Anyhow, the Attorney General’s Department informed the Court yesterday that the Acting IGP is not taking any action regarding this incident based on instructions issued by the Attorney General.
A President Counsel, Ali Sabri, who appeared for High Court Judge Gihan Pilapitiya stated that the chairman of the Bar Association president counsel Kalinga Indratissa has informed him and another 5 president counsels to look into this case and report the facts to him.
Later, Nugegoda Magistrate ordered to call the case again on February 26th.
(A Paper Published by the Sri Lanka Geo- Political Study Circle)
/contd from Part 1
Reading the draft MCC Agreement, America’s plan for Sri Lanka is clearly evident; their plan is to take-over Sri Lanka’s Land and subjugate the Island Nation to the US by replacing, Sri Lanka’s Parliament, Sri Lanka’s Administration and Sri Lanka’s Judiciary (in all matters and in all geographical locations connected with the American project) with a MCC-Parliament, a MCC-Judiciary and a MCC-Administration. (See Annex 1, page 34 of the draft MCC Agreement).
The initial American Landgrab of Sri Lanka’s territory begins with the 2-Million Acre Corridor from TCO to CBO, the two Ports in TCO and CBO and all land covered by the proposed Japanese Monorail transport system, the latter under the MCC transport component.
The TCO-CBO
Corridor coveted by the Americans is replete with minerals and other resources.
Furthermore, the area is a treasure trove of Sri Lanka’s rich cultural
heritage.
The draft MCC
Agreement has not included a Cultural map of the land, in the US desired
Corridor, that would reflect the precious history and heritage of our country
which would be lost forever if the Agreement is signed.
Not included
either in the draft MCC Agreement is a detailed economic map of the US
‘focus-of-interest’ Corridor, indicating the values, the quantities, the
qualities, the depths and extents of the diverse resources and minerals found
therein.
And gallingly,
there is no environmental report on, how these minerals and resources should be
extracted, what impact the extraction of such minerals and resources would have
on the environment .
Is there a
business plan on how the wealth from the minerals and other resources would be
shared?
If the draft
MCC Agreement is signed, brought before Parliament and, in Parliament, a 2/3
majority obtained in favour of the draft Agreement, the Government would invoke
Article 157 of the Constitution. From that point on, the MCC Agreement cannot
be retracted.
Article 157
lurks insignificantly, but menacingly, in the Constitution. It permits the
conditions laid out in an Agreement – such as the draft MCC Agreement – to have
the full force of the law once a resolution is appropriately passed in
Parliament.
Article 157 of
the Constitution arguably allows the Constitution to be changed without getting
the people’s mandate at a referendum.
Gotabaya’s waffly conduct continues to worry about the people of Sri Lanka. Is this one of the prime reasons why Gotabaya is asking for a 2/3rd majority in Parliament so that he can obviate the need to go before the people and get their mandate if the Agreement is signed?
The Americans
appear to be jubilant at the way the Country is slithering forward.
In the run-up to the Presidential Election, Gotabaya posed off as the champion of the anti-MCC Movement. But his subsequent conduct, after being elected, suggests that he had deliberately hoodwinked the 5.9 Million people who voted for him.
Gotabaya
appears to be suffering from a, ‘To-Hell-with-The-People’ syndrome, a common
post-election condition that affects politicians across the board; his mind is
now fogged. He does not know whether the MCC is inimical to the interest of the
Country or not.
In a sneaky
move, Gotabaya has attempted to shy away from his responsibility by setting up,
on 20 Dec 19, a committee of four to decide on the merits and demerits of the
draft MCC Agreement.
The Committee
is headed by Gunaruwan from the pen of Western Economics; he is no stranger to
the Pathfinder Foundation.
Gotabaya should
have known better; he cannot delegate responsibility. Indeed, when he went to
battle on 16 Nov 19 and championed the anti-MCC cause on behalf of the Sri
Lankan people, the people justifiably imagined that he had studied the
battlefield thoroughly.
Gunaruwan and
his committee will be submitting their report only after the General Elections,
But, by reading
just annex 1 (page 34) of the draft MCC Agreement, not to speak of the other
sections of the Agreement laden with more sell-out clauses, it is glaringly
obvious to even the ‘not-so-erudite’ that the draft MCC Agreement is a total
sell-out of Sri Lanka’s sovereignty to the Americans.
It does not
take 10 minutes to read, understand and digest annex 1 (Page 34) of the draft
MCC Agreement to perceive the danger to the Country.
This Study
Circle exhorts the Committee to issue an interim report immediately, to warn
the Government against signing the draft MCC Agreement and, to make the
contents of that interim report available to the People. The main report can
follow, as was previously instructed.
It needs no
emphasis that the Committee functions with the largesse of the people’s money
and it is their country that is under attack, due to a secret deal made by the
politicians and the Americans.
This is the
opportunity for the Committee to take their stand and save our Motherland; the
people stand solidly behind you just as much as they would with the Survey
Department which has been tasked unfairly by the Americans to accelerate the
survey of the TCO-CBO Corridor in order to accelerate the issue of a million
Land Grants.
Without
appropriate survey maps, the million Land Grants cannot be issued and without
Land Grants, the MCC is stymied.
This is the
opportunity for the committee of four to underline their integrity and have
their names written in Gold in the pages of Sri Lanka’s history for saving Sri
Lanka. They and their families will be revered by all Sri Lankans and the
unborn generations to come.
The cost of
conducting a Presidential Election is heavy and this burden is borne by the
people of this country.
If the
presumption given afore, about Gotabaya posing off as a Champion in the anti
MCC campaign and his subsequent selective amnesia is accurate, Gotabaya has
deliberately misled the people; his (and his team’s) dishonesty about a crucial
issue affecting the future of the Country has made the Election meaningless and
he has thereby subverted democracy.
Going on the
same presumption re Gotabaya’s conduct, as far as the people are concerned, the
money expended on the Election has been spent on a meaningless exercise, made
meaningless by Gotabaya and his teams’ seemingly dishonest disposition.
The people
opine that Gotabaya and his team in such a scenario should account to the
people for this colossal waste of their money.
We, in this
study circle, hope and pray that our presumptions are inaccurate
Some people are
posing the question today. Is Gotabaya a Crypto-American?
Gotabaya,
albeit a good Administrator, is politically naïve; his naivete has been
frequently exposed when making Reagan-like public utterances.
A classic gaffe
is about Sri Lanka being a Neutral country when the Country’s committed policy,
as a founding member of the Movement, is one of Non-Alignment.
‘Neutrality’
may be his personal opinion perhaps; but the people do not give a toss for his
personal opinion. He is the people’s representative and he must be mindful of
the people’s opinion. He has not been empowered by the people to change a
Country’s Foreign Policy according to his whims and fancies.
Or was that
remark made on the advice of his mercenary American-advisors whom Gotabaya has
surrounded himself with? It appears that the ‘Pathfinder’ Foundation is
Provided by Daily
News (via HT Media Ltd.) President Gotabaya Rajapaksa
receives the ‘Study on Managing Foreign Policy and Relations with the UN
System’ from Pathfinder Foundation Chairman Bernard Goonetilleke.
educating Gotabaya on
the rudiments of Foreign Policy
As a
politician, Gotabaya does not have a vote base to speak of; he came to power on
the shoulders of Mahinda Rajapakse, a charismatic personality who has a genuine
feel for his Motherland.
People recall
with pride how Mahinda handled Miliband, Kouchner and Blake during the critical
stages of the terrorist war.
Mahinda is a
hero in the eyes of the Sri Lankan people; a part of that shine rubbed off on
Gotabaya, because of his good Administration, during the war against Eelam
terrorism. The Rajapakse name is consequently etched in the hearts of Sri
Lanka’s rural families.
But from hero
to zero is but a step away. One act of treachery, like Gotabaya signing the
draft MCC Agreement and surrendering the Country to the Americans, would tar
all Rajapakses with the same brush; it would drag the Rajapakse name from its
revered pedestal into the dust bin of Sri Lanka’s history.
Campaign for Free and Fair Elections (CaFFE) yesterday urged the Commission of Elections to expand postal voting to cover private-sector workers. Writing to the Commission, CaFFE Executive Director, Manas Makeen said that people’s interest in voting at general, provincial and local council elections is less, compared to Presidential Election.
“Therefore people employed at essential services in the private sector are not that interested in returning home to vote. Those in the private sector are given leave, calculated according to the distance to their home from the office. However, this only allows time to reach home, vote and return. This is not an attractive proposition to those who have to travel long distances,” Makeen said in the letter.
Expanding the postal vote for those employed in private hospitals, security firms, hotels, and garments would allow these workers to cast their vote with ease. Given that a general and provincial council election is to be held this year, CaFFE urged the Elections Commission to consider their request.
A Simmering controversy over massive kickbacks received by former CEO of SriLankan Airlines Kapila Chandrasena and his wife Priyanka Niyomali Wijenayaka to influence the acquisition of 10 airbuses and leasing of four other aircraft and the subsequent termination of the leasing agreements for three aircraft, A 350-900, has taken a new turn with a revelation that the then Public Enterprise Minister Kabir Hashim informed the Cabinet that the national carrier on Oct 04, 2016, had finalized three early termination agreements without the approval of the line ministry (Public Enterprise Development), the Cabinet and the Attorney General.
Chandrasena and his wife are in remand pending investigations. They are to be produced before the Fort Magistrate’s court again on Feb. 19.
Sources said that the national carrier had sought Cabinet approval on Oct 28, 2016, to terminate leasing agreements, more than three weeks after finalising them.
The total amount of compensation paid to AerCap leasing Company was not known yet though SriLankan referred to USD 98 mn as the payment in case certain conditions were met by the airline, but the paper presented by the airline placed the amount at USD 154 mn, sources said.
The national carrier initiated re-fleeting project during the 2010-2015 Rajapaksa administration and the termination of leasing contracts on three aircraft was effected during the Sirisena-Wickremesinghe administration.
Although Public Enterprise Development Minister Hashim, on President Maithripala Sirisena’s advice, on Feb 02, 2017, briefed the Cabinet on the termination of aircraft leasing agreements, the government refrained from initiating an inquiry.
UNP MP Mujibur Rahman recently called for the setting up of a Presidential Commission of Inquiry to probe the Sri Lankan re-fleeting plan.
SriLankan negotiated with AerCap though original agreements had been reached with International Lease Finance Corporation (ILFC). Neither the line ministry nor the Cabinet was not informed why SriLankan had negotiated with AerCap in the absence of any provision to do so in terms of the original agreements with the ILFC.
All papers related to the termination of leasing agreements hadn’t been submitted to Cabinet Committee on Economic Management (CCEM) and the Cabinet.
According a memorandum dated Feb 08, 2017 submitted to the Cabinet, in response to President Sirisena’s directive, the Finance Ministry, on Oct 26, 2016, outlined the process followed by the national carrier in termination of the lease agreements. However, the line ministry hadn’t been involved in the decision making process, sources said, adding that SriLankan was on record as having informed the Cabinet that it gone ahead with the termination as the Finance Ministry raised no objections.
SriLankan also claimed that the Prime Minister, too, had approved the process, according to the Cabinet paper dated Feb 02, 2020.
The line ministry received a copy of the termination agreement late January 2017, three months after the signing of it.
AerCap forfeited USD 7.5 mn paid as a security deposit. Inquiries revealed that the aircraft lease termination had been carried out under controversial circumstances with the line ministry informing the Cabinet that commercial agreements entered into by the national carrier didn’t require approval the Attorney General’s approval.
India’s Union Cabinet on Wednesday approved the signing and ratification of the protocol amending the agreement between India and Sri Lanka for the avoidance of double taxation and prevention of fiscal evasion in respect to taxes on income.
The move entails the updation of preamble text and inclusion of Principal Purpose Test, a general anti-abuse provision in the Double Taxation Avoidance Agreement (DTAA), which will result in curbing of tax planning strategies which exploit gaps and mismatches in tax rules.
An official release said that the existing DTAA between India and Sri Lanka was signed on January 22, 2013, and came into force on October 22 that year.
India and Sri Lanka are members of the Inclusive Framework and are required to implement the minimum standards under G-20 OECD BEPS (base erosion and profit shifting) Action Reports in respect of their DTAAs with Inclusive Framework countries.
Minimum standards under BEPS Action 6 can be met through the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (MLI) or through agreement bilaterally.
India is a signatory to the MLI. However, Sri Lanka is not a signatory to the MLI as of now.
Therefore, amendment of the India-Sri Lanka DTAA bilaterally is required to update the preamble and also to insert Principal Purpose Test (PPT) provisions to meet the minimum standards on treaty abuse under Action 6 of G-20 OECD BEPS project,” the release said.
Pushpakumara Mallawarachchi Courtesy The Daily Mirror
A proposal to construct a playground in the Kadolkele mangrove of the Negombo lagoon had been withdrawn following the strong stand taken by the Gampaha District Forest Officer Devani Jayathilaka at meeting chaired by the Fisheries and Inland Fisheries Industry State Minister Sanath Nishantha Perera on Monday (10).
A video containing the footage of the discussion where some residents of the area are verbally clashing with the forest officer asking her to allow the construction of the playground, has gone viral on social media.
The forest officer who sticks to her stand flatly rejected the proposal saying it is illegal to construct the playground within the mangrove, which has been designated as a protected ecosystem by the government.
She proceeded to say that the proposal had been made only heeding to the voice of the people but not giving priority to the scientific facts and possible environmental hazards.
This is an ecosystem. The proposed land belongs to the government. We have an aim at increasing forest cover in the country. Still, we are lacking thousands of hectares of Mangrove areas,” she said. ()
The Prime Minister Mr. Mahinda Rajajapaksa
has returned to the country after ending a very successful exultant 4 days official
visit to India. He has boldly and
candidly spoken on the envisaged Indo-Sri Lankan relationship and ties with
other countries, measures to be taken to rescue the Tamils in the North and
East from racist political oppressions, rejection of myopic agreements made by
the former Prime Minister Ranil Wickremasinghe, and on the firm policy of
non-bartering of Sri Lanka’s National assets and natural resources. and about
the steps to be taken in respect of the Hambantota Harbour which has been
leased to China by the Sirisrena/Wickremasinghe government without any
foresight.
Almost all the Indian newspapers, the
popular websites , weekly magazines and All India Radio gave extensive coverage
to give publicity to all aspects of the Prime Minister’s visit. He has held one to one official talks with
the Indian Primne Minister Narendra Modi, President Ram Nath Kovind, External Affairs Minister
S.Jaishanker and several Indian Ministers.
The Prime Minister has given two very
fruitful interviews to two prominent and internationally reputed Indian
journalists Suhasini Haider (SH) of the Indian newspaper the Hindu and Ms.
Padma Rao Sundarji (PRS) of Hindustan Times.
Sri Lankan Prime Minister Mahinda Rajapaksa during
an interview with The Hindu in New Delhi on February 8, 2020. |
SH says that in the
outset Mr. Mahinda Rajapaksa (MR) who met
with Prime Minister Narendra Modi in Delhi,told The Hindu about his hopes for
debt-restructuring, and also about projects now on the anvil, although his
government will not carry forward the projects agreed to by the previous
Sirisena/Wickremasinghe Sri Lankan
government.
Whem SH asked about non-announcement of any
agreements after discussions at some
length with Prime Minister Narendra Modi, MR has said that they did speak about
several projects, some of which India is interested and it was a
fruitful and successful meet, for both side., Mr. Rajapaksa who is also the
Minister of Housing in the new government has said he housing project is something that is a
priority area for Sri Lanka, and he has asked for more funding from India for that. MR
has explained about the new initiative taken by him to cover the whole country,
every village for building houses, and has stated that Sri Lanka like to get
some support for that. Apart from housing, he has said that there were several
projects they discussed.
SH has pointed out that in April 2017, the previous Sri Lankan Prime Minister Ranil Wickremesinghe
signed a MoU on economic cooperation for infrastructure projects, including
energy and oil projects in Trincomalee that India has been keen on and has
asked whether these matters were discussed?
In response MR has said that they didn’t discuss
the Trinco projects, but did talk about the Eastern Terminal [in Colombo] which
India and Japan are jointly investing in, and about the LNG terminal. Mr.
Rajapaksa has asserted that whatever was signed [in 2017] was not even pursued
by the last government and President Sirisena actually rejected all the
projects PM Wickremesinghe had signed and hence the present government is not responsible
for those projects. He has said that the Mattala airport project is also out.
Mr. Rajapaksa has stated that his government has a firm policy on not allowing
any national resources to be given to foreign control.
When SH stated that an additional $50 million from the Indian Line of Credit India offered
during President Gotabhaya Rajapaksa’s Indian visit have been earmarked for security cooperation,
especially after the Easter Sunday bombings last year and asked what was
decided about that fund. MR has responded saying that we have decided
that we must have more intelligence sharing now, and increase the technical
assistance from India, as well as training. On the Easter bombings, we have an
ongoing investigation into the conspiracy, and a commission is looking into it.
We hope that India will continue to help us on that. I n addition, we want to
continue our earlier pre-2015 project for trilateral terror and security
cooperation between Maldives-India- Sri Lanka. We might have the meeting for
that as soon as possible, possibly in the Maldives and discuss how to take the
trilateral idea forward.
Stating that defence
secretary Mr. Kamal Gunaratne has also spoken of security and intelligence
sharing with Pakistan, SH asked won’t the balance prove difficult, given
India’s concerns about terror emanating from Pakistan, which has also held up
the SAARC process, MR has responded saying that we are a friendly country and we have friendly ties
with all countries in the region and we are friendly with China too. But the
Indian relationship is much stronger and very important for us. I couldn’t
discuss the SAARC process with PM Modi, as I know that India is not very
interested in the summit, especially since the next meeting is due to be held
in Pakistan. I do believe that we have already gone a considerable distance
with building SAARC and that should be continued. Now there is also the BIMSTEC
grouping.
When SH said that both PM
Modi here and External Affairs Minister S. Jaishankar, when he visited Colombo
have made a point of their concerns for the Tamil population in Sri Lanka, and
the expectations India has from your government and asked how do you respond ,MR
has said that wee have
always understood these concerns and explained soon after the war ended in 2009,
we had elections, and we allowed the North to select their own Chief Minister.
We held those elections despite knowing we would lose them. But nothing moved
after that. We are now expecting to hold our parliamentary elections this
April, and after that the provincial council elections. We will appoint a team
to go to Jaffna to discuss the way forward.
When SH said that the way
forward on devolution of powers, as was promised in the 13th amendment MR has
responded well, it
all has to be discussed. We want to go forward, but we need to have someone to
discuss, who can take responsibility for those areas. So the best thing is to
hold elections, and then ask for their representatives to come and discuss the
future with us. At the moment the TNA (Tamil National Alliance) is not interested
in talks. They are asking for things, which the majority community in Sri Lanka
will not accept.
President Gotabaya has
prioritized development over devolution as the way forward. Is there a
difference between your positions?
No, no. People need development. They have suffered
for 30 years without it. So first we have to develop the area.
When SH said that there
has been a controversy over the decision to drop the National Anthem in Tamil
during Sri Lanka’s national day ceremony, and asked how you reassure Tamils if
this is the signal sent out MR has explained it saying if you look around the world,
the national anthem is sung primarily in one language. In India, you have so
many languages, yet on your national days, you sing it one language. Our
structure is the same. When I go to Jaffna, to a Tamil school, they sing the
anthem in Tamil. We have no objection if people want to sing it in their way.
He has emphasized that some political figures are raising this issue; but the
general public is not interested in this issue.
Referring to the economy.
SH has said that your biggest challenge this year will be servicing the
domestic and foreign debt, which totals about $60 billion and has asked how do
you plan to deal with this issue, MR has
responded that it is indeed a worry and that is something he discussed with the Indian government
as well, and have asked if we could get a moratorium on all loan repayments for
three years, until we can revive the economy. He has said that if the Indian
government takes this step, then other governments might agree to do the same
thing, including China. He has emphatically pointed out that the previous
government took so many loans, they beggared the economy, and it is a mess. It
all depends on the stand India takes, he has added.
This year alone, you have
to pay about $5 billion to service the debt, the highest in Sri Lankan history.
Will you be able to do that SH has asked.
MR has responded that we have to do it, and we will
manage somehow. He has said that we don’t want to default on our debt no matter
what happens.
Responding to a question
asked by SH whether President Gotabaya when he goes to Beijing will raise the
question of giving back Hambantota harbour to Sri Lanka,he has said that we are discussing it, but it is
difficult, as the previous government had already completed the handover of
control. He has said that he thinks China may agree to the request on some
terms, and we will keep the negotiations going.
As regards the statement made by the Chinese
Foreign Minister Wang Yi during his visit to Colombo that China will ensure
that there is no outside interference in Sri Lank and the query made by SH whether it was an indication to the US, or to
India or some other country, MR has said that he doesn’t know about it
and she will have to ask him that (laughs). MR has stated that Sri Lanka didn’t
take the statement too seriously, as no one has yet tried to interfere in our
matters… other than during the last elections 2015. Then, all the countries got
involved in the elections but now we would like to have good relations and work
with all the countries.
Responding to a question
as to Sri Lanka will move forward on the 19th amendment, that shifts power from
the Presidency to the PM and parliament, MR has said that first of all, we have to get rid
of the 19th amendment. Then we will think about how we will move forward and
has revealed that the former Law Minister G.L. Peiris is already studying it,
and we will take opinions on what to do. At the moment, neither the President
nor the Parliament has clear powers. So we do have to decide on the division of
power and the majority of voters in Sri Lanka voted for President Gotabaya, and
that means people want him to have some control of the country’s development
and governance, and we must respect that.
Given that the President
is also your brother, could the tussle over the 19th amendment cause problems
between you?
No, no, no. The way the present constitution is
structured and the confusion with the 19th amendment, only two brothers like
Gota and I can handle this (Laughs). Otherwise no President and PM will ever
agree on this issue, he has pointed out,.
Finally, SH has asked what
does it feel like to be back here as Prime Minister, after five years, when you
visited, but were out of power?
Well, I am grateful to PM Modi for inviting me and
receiving me both when I was out of power and now. I never felt the difference,
in that sense. Whenever he is ready to visit Sri Lanka now, we are ready to
welcome him Mr, Rajapaksa has said.
In his interview with Journalist and Author Ms.
Padma Rao Sundarji for Hindustan Times, Prime Minister Mahinda Rajapaksa has
said that ‘India a relation for us, while other nations are friends’
The Prime
Minister Mahinda Rajapaksa (MR) has spoken to Padma Rao Sundarji(PRS) about Sri
Lanka’s relationship with Pakistan, which India accuses of being involved in
cross-border terrorism; proposed changes to Tamil provincial councils instead
of giving them greater autonomy under the constitution’s 13th amendment; and
the island nation’s strategic ties with China, which is its largest investor.
Suicide attacks by
Islamist bombers who killed more than 200 people and injured hundreds in
Colombo last year. But you’ve been discussing the same issue with Pakistan,
which, for India, is the fountainhead of state-sponsored terror. Isn’t that a
contradiction?
A:We are
against terrorism, wherever it comes from. So we discuss the subject with both
India and Pakistan, and will continue to do so. And by the way, both Pakistan
and India helped us to end the 30-year-long war against another kind of
terrorism: that of the Liberation Tigers of Tamil Eelam (LTTE). Pakistan gave
us weapons and planes. India too helped, but didn’t want to publicise it at the
time. Why, without India’s help, I don’t think we would have won that war.
Q: From western
investigators to Indian intelligence, many have warned that Pakistan has for
years used its diplomatic presence in Colombo to radicalise Sri Lankan Muslims
and to encircle India with hostile Islamist groups in neighbouring countries.
Given this backdrop, can India take discussions with Sri Lanka on
counterterrorism seriously?
A:We
don’t know about those charges, since we didn’t receive that information. But
now, of course, we can see what’s going on and have to take action. Look, India
and Pakistan — you have your own problems. But that is your internal matter.
Whether Islamist terrorism or another kind, we must have some form of
cooperation with India. We must exchange views and information. Prior to the
Easter suicide bomb attacks in Colombo last April, India shared warnings and
intelligence, even on the morning of the attacks itself. But our previous
government didn’t take them seriously. That is why those heinous attacks
happened. We have appointed a commission now to look into that tragic lapse.
The inspector general of police and the defence secretary of the time were
taken into custody and released earlier this week.
Q: The Pakistan Navy
chief was in Colombo this month, the Pakistan Air Force chief is currently on a
visit — there is a constant stream of military visitors from Pakistan to Sri
Lanka. Earlier this week, Sri Lankan media quoted its high commissioner as
urging Sri Lanka to condemn India for lifting Article 370 in Jammu &
Kashmir. Isn’t this an interference in your bilateral relationship with India?
A: Look,
whatever the view of any country, we will not get involved in the internal
matters of India. But remember this: I always say India is a relation. Others
are friends.
Q: India wants Sri
Lanka to implement the 13th amendment to your constitution, which led to the
creation of Provincial Councils in the Tamil-dominated areas and urges maximum
autonomy for them. But President Gotabaya Rajapaksa suggested recently that the
councils may be redundant. Will they be abolished?
A: No, on
the contrary, we are going to strengthen the system of provincial councils. But
then, those councils must use what we give them for the development of the
North and East regions. Up to now, that didn’t happen. We gave them money for
development; instead of trying to help the people of those areas, they returned
the money and we did all the development. Even the Tamil National Alliance
(TNA), which is well-represented in our parliament was never interested in development.
All they were talking about was devolution and creating a separate state for
Tamils.
Q: A Free Trade
Agreement with India is stuck because Sri Lankans fear an onslaught of Indian
goods on the small Sri Lankan markets. Did you discuss it with your
counterparts?
A: No.
Right now, we’re working on specific projects that will build up to, and give
everyone the confidence to finally ink an FTA.
Q: China is your
largest investor. Chinese foreign minister Wang Yi says China is Sri Lanka’s
strategic partner. Your brother, too, notes the strategic nature of your port
of Hambantota, which was built by the Chinese and on which they have a
99-year-lease and massive equity. Please define this ‘strategic’ relationship?
A: China
helped us for the sake of development, that is all. Our war had shattered our
country, we needed help to develop; they were ready, so why not? We took their
money and developed that area. Hambantota is a valuable strategic asset because
of its location, right in the middle of the Indian Ocean. It is sensitive
geographical space. Unfortunately, the previous government literally gave it to
China by swapping debt for equity and signing that lease. We would not have
done the same and are trying to find a way out along with the Chinese now.
Q: But
the Chinese foreign minister also said that China will ‘not allow outside
influences to interfere’ in Sri Lanka. That is open to interpretation. How will
you assuage India’s apprehension on this front?
Since
India is not interfering in our domestic matters that statement is not meant
for India which has never interfered. In fact, even India has made similar
statements, that you will always protect us. And I am absolutely sure you will.
Look, that is China’s view; ultimately, we Sri Lankans have to decide on what
is interference and what is not.
Q: The United States
is pushing you to sign and renew a Millennium Compact Account (MCA) and a
Status of Forces Agreement (SOFA). The reworked terms of the latter may enable
the US to put boots on the ground in your country. Are you going to sign them?
A: We
have appointed a commission to look into both those agreements.
Q: Big power
alliances are swarming all over the Indian Ocean. There’s the Quad on the one
hand, and big powers such as China and Russia on the other. Will Sri Lanka join
the Quad if asked?
A: That
has not yet come up for discussion but we would have to talk it out among
ourselves first and if we want to do it, we would have to first go to our
cabinet. Whatever we do, Sri Lanka will assert its own interests first.
Q: Sri Lanka is part
of China’s Belt and Road Initiative. (BRI). But it is under fire from many
countries around the world for its ‘debt-trap’ development. Do you share those
concerns?
A: Sri
Lanka has received a lot of benefits from being part of BRI. By the way, let me
remind you – our external debt towards China is only 12% of our overall
external debt, and we have not defaulted. We used whatever money we took from
them to build infrastructure.
Indian weekly India Today” said that After
Sri Lankan PM Mahinda Rajapaksa backed India’s decision bringing the
Citizenship Amendment Act (CAA) by calling it an “internal” matter of
India, the same was resonated by his minister Arumugan Thondaman Sri Lanka’s
Minister of Community Empowerment and Estate Infrastructure Development. Mr. Thondaman,
is one of the two Tamil Ministers in the 15 member Sri Lanka cabinet, in an
exclusive conversation with India Today TV said that the citizenship legislation
is for minorities from “friendly” and “neighbourhood”
nations but Sri Lankan Tamil refugees needn’t have been included in it since
“they are a family”.
Calling it an “internal” matter,
Arumugan Thondaman said, “It is your internal matter and I am convinced
that the relationship we have with India is different from others. It is like
the stepmother or your own kid. We are your own kid. They are friendly but we
are family.”
Justifying Modi government’s decision and
backing it, he said, “India has to protect itself and we cannot comment on
India’s policy formulation which is done for the best of India’s
interests.”
“I am confident that Sri Lankan
government will realise expectations of Tamil people for equality, justice,
peace within united Sri Lanka I am confident the government will work towards
reconciliation,” Modi had said during a joint press briefing in New Delhi
on Saturday.
Interestingly, while the Sri Lankan
minister assured speedy resettlement, he also blamed the past administration
for going slow on the process to “tarnish” the image of the country
internationally.
India Today said that the fishermen issue
was also largely discussed by both the sides during bilateral talks on
Saturday.
“Indian government fishermen indulge
in bottom trawling which Sri Lankan has objected to.
To questions on the looming fear among
Tamil and Muslim population of Sri Lanka with the return of the Rajapaksa
government, minister Thondaman assured that nobody has anything to fear in his
country and if you are a Sri Lankan, you don’t have to fear anything. I am a
Sri Lankan and a minority and I have no fear,” said the confident
minister.
This, despite the fact that there were
reports of the national anthem not being allowed to be sung in Tamil on the
occasion of the 72nd Independence Day of Sri Lanka. He rubbished the reports
and said, “There was no such decision. These are rumours. How it has been
for all these years it will continue to be so. Whatever has been happening from
day one will continue.”
He also blamed critics for fanning
controversy due to the lack of any credible criticism against Rajapaksa
government. He said, “Sri Lanka is a Buddhist country and we are
co-living. There are many who sing in Tamil and nobody is asking them to stop
it. Ask those who are creating a controversy because the Opposition has no
other issue that they can criticise the current government on.”
He also said, “Under Prime Minister
Mahinda Rajapaksa, things are falling in line.”
The two sides also spoke at length on the
issue of counter-terrorism efforts. To a question on the dastardly attack on
Easter Sunday in April last year, blaming the Sirisena-Wickremesinghe
administration of inaction, the minister said, “The unfortunate incident
of Easter attack was negligence. The then government neglected the intelligence
given by India. Security was in place but information was neglected, so we paid
for it. Now, things will change.”
The members of Prime Minister’s delegation
comprised Ministers Douglas Devananda, Arunmugam Thondaman, MP Prasanna
Ranaweera, Secretary to the President
Dr. P.B.Jayasundera, Secretary to the Prime Minister Mr. Gamini Senarath,
Secretary to the Ministry of Finance Mr. S.R.Atygalle, Secretary to the
Ministry of Foreign Affairs Mr. Ravinath Ariyasinghe and the former Minister
Peof. G.L.Peiris,
The Prime Minister also visited several
Buddhist and Hindu religious sites during this visit.
In the wake of the hullabaloo over MP Ranjan Ramanayake’s phone call recordings, a retired senior police officer recalls how a politician attempted with a phone call to obstruct the path of justice.
It was at the height of the JVP’s second insurgency (1987-90) when a number of so-called bhikkhus were involved with the insurgents. Former DIG Terry Amarasekera – then Senior SP – in charge of the Mount Lavinia Division. He had instructed the then Headquarter Inspector Mount Lavinia Nimal Mahagamage to go with a team to arrest one of these robed rebels. The latter was arrested in Matara and locked up after being brought to Colombo by the HQI and party.
Apparently
the monk had some connections with the ruling party despite being a fiery
anti-government activist hailing from a province which was a hotbed of JVP
activity.
Late in
the night after the arrest, Tyronne Fernando, then Deputy Minister of Foreign
Affairs, rang SSP Amarasekera had ordered the suspect be released immediately.
When the SSP refused the Minister wanted the suspect to be bailed
out. When that request too was refused Fernando had tried to have
Amarasekera transferred to Jaffna.
When
the latter conveyed this to the then Inspector-General of Police Cyril Herath, a
legendary police chief, he prevented the transfer to Jaffna and instead got SSP
Amarasekera transferred to Police Headquarters, Colombo. When the SSP
asked IGP Herath the reason for the sudden transfer the IGP, according to
Amarasekera, had replied:
Gamini
Lokuge and Ranil Wickremesinghe wanted you transferred. You can work here as
Director Special Investigations Unit at Headquarters. You may come in the
morning and go in the evening.”
Later,
Terry Amarasekera was promoted DIG and posted to the Uva Province. He kept a
record having served in Uva for five years and three months before retirement.
Cyril
Herath though he served as IGP only for three years he performed an exemplary
service.
Amnesty International continues with its tirade against Sri Lanka by going off their rocker again in their recent statement in 2020.( AI review of 2019 issued on 20th Jan 2020) For AI almost everything is rotten in Sri Lanka especially the policies and programs adopted by Sri Lanka for the protection of its people, sovereignty etc.
It barks at the steps taken regards the attack by the Islamic terrorists on the unarmed civilians on the eve of the Easter Day 2019. AI does not identify HR violations of this most brutal terrorist act in South Asia which killed more than 300 civilians and injured nearly 400. Instead, the AI report goes it blind by mentioning that “the fallout from April bomb bred communal violence, endangered minorities”. This is practically a false reporting by any standards as apart from a few isolated incidents, the Government was able to maintain peace in the country.
Then the AI touches on the ‘justice and reparation for the 30-year conflict’. They have very conveniently forgotten that it was a non-international armed conflict against a terrorist group that was fighting the elected Sri Lankan governments for over 30 years. Sri Lankan government was fighting the Tamil Tiger terrorists on behalf of its people. Then, how come reparations are applicable and claimed only by the Tamil ethnic group and on behalf of Tamil Tiger members?
We are well aware of the talk shops including the AI which keep on harping on thousands of missing Tamil people and Tamil youth. The million-dollar question is who
is crunching
these numbers and what is the basis on which these claims are made? Who has
reported the information and to whom? If one examines these claims
it will be able to see through the web of lies and about ninety-five percent of the so-called missing are actually the LTTE members and helpers who were killed in combat or
thousands who sought asylum in the West. The commentator. Shenali Waduge who found holes in this unenviable story of missing Tamil people in Sri Lanka says:
“The President of, ” enforced disappearances organizations, a Tamil says ” her son surrendered to the Army at the Omanthai checkpoint just after the war ended in May 2009. We were all there. They said they would question him and release him. I am still waiting,” So according to her, in her presence her son who was an LTTE combatant surrendered. With an LTTE-friendly Govt in power since 2015 and TNA playing a major part in it, how is it that Leelathevi Ananthanatarajah could not trace what happened to her son from Jan 2015 to November 2019? Where are the demands from her during this period? Did she first file a complaint to the police? Did she inform SL Human Rights Commission? Did she report this to the OISL, is her case featured in any UNHRC report? Is her case recorded with the Paranagama Commission or even with the Office of Missing Persons? Has she filed habeas corpus? ” The stories of the majority of the missing persons are identical to the case of this mother. The disappearance took place after the innocent Tamil youth surrendered to the Sri Lanka defence forces!. Is this the truth?”
According to this narrative, only a few hundred took arms against Sri Lankan defence forces and they died in combat. And, many thousands were enforced to disappear by
Sri Lankan forces! “The war ended in 2009 and we are in the year 2020!
It is
pointless taking this into another decade when no one is spending an iota of
time on justice for the victims killed by LTTE.”
The absurd story weaved by anti-Sri Lankan NGOs and other campaigners for the terrorist LTTE is like playing the same tune for the last 10 years.
Next item on which the AI attempts ridicule Sri Lanka is about the freedom of religion. AI and the fellow travelers such as Human Rights Watch etc conveniently forget that Sri Lanka is home to four major religions in the world and the Sri Lankan constitution provides protection to the adherents of all religions to follow their practices. No one can deny that religion plays animportant part in the lives of Sri Lankans unlike in many other countries where the places of worship are almost empty. By clinging onto a few incidents the anti -Sri Lankan advocates attemptto paint a dark picture of Sri Lanka even going off the rocker like AI to state that there is no religious freedom in Sri Lanka. The AI statement, to say the least, compels one to question their basic I Q.
Then the AI proceeds to dictate terms to Sri Lanka by rejecting the appointment of senior officers of the defence forces as there are ‘allegations’ against some of them regarding action takenin defeating the LTTE. By their determined action to deprive the brutal LTTE of capturing the Government controlled area and defending unarmed civilians, every member of the Government forces helped the liberation of 21 million people by going out of their way to protect the Tamil civilians. Their stories of how they sacrificed their limbs and lives to deter the Tamil Tigers are remarkable
monuments of upholding the human rights of all Sri Lankans. To harp on the so-called unproven allegations and attempts to make a stand on these and dictate to the Sri Lankan government how to promotethe officers in the armed forces is indeed is frivolous.
Here, I like to quote Thuppiah’s review to reveal how the witch hunt for the defence forces and Sri Lanka was initiated.
“As the annual witch-hunt directed at Sri Lanka from the UNHRC at Geneva looms, we can benefit from recalling the role of the UN Secretary-General, Ban Ki-moon, in this pantomime. Ban Ki-moon is a South Korean who has been identified as a lackey” of the USA in the same category as Kofi Annan by the Canadian activist Chris Black in email communication on 20th January 2020. Ban Ki-moon and the UN Rehabilitation Commissioner, Navy Pillai were behind the selection of Marzuki, Sooka and Ratner to man the UN Panel of Investigation whose report has served as the foundation
for the
campaign mounted by the UNHCR offices in Geneva to hound Sri Lanka for human
rights abuses. What occurred then? Ban Ki-moon descended on Sri Lanka. This –
we know in retrospect –was a retributory mission. He immediately visited the
camps at Manik Farm where the displaced Tamil people had been sequestered in a
huge operation involving INGOs, NGOs and both Sri Lankan civilian and military
personnel. His principal intent was then indicated when he flew by helicopter
on the 23rd May 2009 over the arena of fighting, with a hired
cameraman taking photographs of the desolate wind-ravaged Last Redoubt.” His
partialities and his limited desk-bound capacities of discernment were
displayed to the world in his summing up of the scenario generated by the
abandoned tent city” that had been one of the outstanding features of the
overcrowded Last Redoubt. Complete devastation,” he said in summary
conclusion.“
Since then the AA, HRW, and other Sri Lankan bashers had been tickling the ears of parties who are dead keen in creating political instability in Sri Lanka by recounting the snippets from Ban Ki Moon’s retributory mission.
The AI also refers to the stance adopted by the present Sri Lankan President and the government that they refuse to accept the endorsement of UN HCR Council resolution 30/1. It is very clear to any unbiased observer that the contents in the resolution are half baked and are presented in a devious manner to the UN HCR as rebutted by Sri Lanka Global Forum in Geneva and differ from the views of the vast majority of the Sri Lankans. Hence, elected by a substantial majority the new President cannot democratically agree with the efforts of the interested NGOs and some countries to put a noose around his country.
Finally, the AI request that the Prevention of Terrorism Act should be replaced, This demand has been made- if the Sri Lanka government agrees to do away with the PTA- to push the country towards instability and anarchy. Many countries including the USA do have legislation to deter or prevent terrorism such as the Patriot Act as terrorism is one of the modern-day crucial issues facing the countries. The legislation on the prevention of terrorism in countries such as the USA and the UK, for example, limits the general rights of the public with a view to protecting the vast majority of the people from unlawful terrorism-related acts. If the PTA is lifted one of the obvious, yet, the dangerous repercussions will that all who are convicted and those who are held to be charged under the PTA will have to be released. One should be able to guess the plan of the AI, the HRW and other INGOs who have been acting as the savior of the LTTE terrorists when they insist that the PTA should be replaced. They want the offenders under the PTA to be released. We should request the AI and the HRW to direct their efforts to USA’s Guantanamo prison and similar institutions of the UK in Diego Garcia as a first step to get the suspected offenders freed to uphold their human rights and not to bother Sri Lanka, one of the few countries which were able to put an end to the most brutal terrorist organization in the world.
We would request the AI, HRW and another anti- Sri Lanka NGOs and international and Sri Lankan do-gooders, to consider immediately to REAPPRAISE their obviously biased attitude with regard to HR related issues in Sri Lanka. We wish to invite the AI’s attention to the Protocol Additional to the Geneva Convention of 12 August 1949 and on the protection of Victims of Non-International Armed Conflict (Protocol II ) of June 8th 1977.
These
have been approved and is a part of Customary Law. Its foundation is
International Humanitarian LAW (IHL) and let those who are interested in the
welfare of all Sri Lankans examine and judge the incidents and all aspects of
the conflict in relation to IHL. Please remember that the armed conflict in Sri
Lanka was non-international.
It is high time , that the AI , HRW, and fellow travellers get off their beaten track and spend their valuable time and funds to be constructive in their approach rather than writing volumes to create instability in Sri Lanka
A now-retired SriLankan Airlines A340-300. Photo supplied
Sri Lanka’s UNP MP Mujibur Rahman on Sunday said that yahapalana government had paid compensation to the Netherlands-based aircraft leasing company AerCap Holdings NV for the cancellation of the leasing agreement in respect of four Airbus A 350-900 ordered by the previous administration. The decision to cancel the agreement had been taken on the recommendation of JC Weliamuna report, the Colombo District MP said.
Rahman said the government had acted on the premise that the country would have incurred a far bigger loss if the national carrier had gone ahead with the project.
The UNPer said so when The Island asked him at the Opposition Leader’s Office media briefing why compensation had been paid to the aircraft leasing company at issue.
Rahman said the yahapalana government had not been able to renege on an agreement between the government of Sri Lanka and an international organisation.
Minister of Ports, Shipping and Aviation Arjuna Ranatunga in February 2015 named board of inquiry headed by attorney-at-law JC Weliamuna to inquire into four specific allegations, including irregularities in procurement and leasing of aircraft.
Asked as to why the then Public Enterprise Development Minister Kabir Hashim, who is also the Chairman of the UNP acted hastily in that regard, lawmaker Rahman pointed out that the minister concerned acted on the Weliamuna report. The UNPer also explained the action taken by the FCID (Financial Crimes Investigation Division) and the Precifac (Presidential Commission of Inquiry to Investigate and Inquire into Serious acts of Fraud, Corruption and abuse of power, state resources and privileges) in respect of the controversial Sri Lankan Airlines re-fleeting project undertaken during the previous administration.
The cabinet of ministers approved payment of compensation to the tune of $146 million nearly a year after the payment had been made though Minister Hashim subsequently claimed only $ 98 million was paid.
The Island pointed out that though UNP leader Ranil Wickremesinghe recently called for President Gotabaya Rajapaksa’s government to take tangible measures to obtain compensation from France-based Airbus Company, the matter regarding Sri Lanka paying massive compensation was yet to be discussed.
Weliamuna was later named Sri Lanka’s High Commissioner to Australia. Since the change of government in November 2019, the President’s Counsel has been recalled.
Alleging that losses suffered by the country as a result of SriLankan Airlines corruption were far bigger than that of 2015 and 2016 Treasury bond scams, lawmaker Rahman emphasised the then Sri Lankan CEO Kapila Candrasena and his wife Priyanka Niyomali Wijenayake couldn’t have engaged in such a massive bribe-taking project without political backing. The UNPer alleged that the Chandrasenas had the blessings of the powers that be to undertake the operation. The UNP spokesman asked the media whether it would be possible for Chandrasenas to arrange the deal without the backing of his political masters.
Asked by The Island whether his assertion such massive corruption couldn’t take place under any circumstances without the backing of political heavyweights whoever in power also applied to Treasury bond scams perpetrated during yahapalana administration as well as other mega cases, the UNPer said, ‘yes’.
Rahman pointed out that in spite of Kapila Chandrasena being exposed before Precifac, the government formed after President Maithripala Sirisena sacked the democratically elected government on October 26, 2018, had no qualms in elevating the controversial CEO to the post of Chairman, Sri Lankan Airlines. The MP however appreciated President Sirisena immediately cancelling that appointment.
At the onset of the briefing, lawmaker Rahman explained that the Chadrasenas had received $2 million only though the original consensus was for a staggering $16 millin. Pointing out that they had re-negotiated the money offered due to Sri Lankan Airlines decision not to fully implement the original re-fleeting project, MP Rahman alleged that the plans went awry due to the change of government in January 2015.
Had Maithripala Sirisena lost the presidential election, they would have gone ahead with the re-fleeting programme, lawmaker Rahman said. The UNPer alleged that when Vasudeva Nanayakkara raised the SriLankan re-fleeting plans at the cabinet, he was told there was no requirement for the cabinet of ministers to approve it.
MP Rahman said that those who had been in power owed an explanation as to why the re-fleeting plans were discussed at the official residence of the then Speaker Chamal Rajapaksa. Kapila Chandrasena had been so influential he was appointed as an advisor to two enterprises in which the government had stakes as a particular Finance Ministry circular prevented him being on the boards of directors of those while being Sri Lankan CEO, MP Rahman said.
Lawmaker Rahman alleged that the national carrier suffered in the wake of the then government taking over the management following a dispute with the then Emirates-run airline’s British head Peter Hill in December 2007 over President Mahinda Rajapaksa and his entourage being denied seats. In 2010, Sri Lanka reacquired 43.6 per cent stake in SriLankan worth $70 million Kumaratunga administration sold to Emirates.
MP Rahman questioned as to why the then government extended Chandrasena’s contract in 2014. The UNPer also found fault with the appointment of Nishantha Wickremesinghe, the elder brother of former first lady Shiranthi Rajapaksa, as the Chairman of the National carrier. The UNPer compared the performances of businessman Harry Jayawardena and Nishantha Wickramasinghe as the Chairman of the national carrier, explaining how the management collapsed during the administration of the latter.
Lawmaker Rahman alleged that those who had been involved with Chandrasenas may have tried to move them out perhaps from Negombo in a boat. Obviously, they couldn’t have taken a flight out of the BIA as Kapila Chandrasena risked being identified therefore sea route was safe for them, the UNPer. However, they couldn’t do so, the MP said.
The UNPer warned the government not to suppress the investigation though the Chandrasenas were remanded till February 19 pending investigations.
The Attorney General has expressed his displeasure to the Acting Inspector General of Police (IGP) over the response in dealing with the AG’s advice and directives on Justice Gihan Pilapitiya.
On January 23, the Attorney General instructed the Director of the Colombo Crime Division (CCD) to obtain a warrant and arrest interdicted High Court Judge Gihan Pilapitiya and to produce him before the court for conspiring to fabricate false evidence” along with MP Ranjan Ramanayake.
On the same day, the Acting Inspector General of Police (IGP) C. D. Wickramaratne appointed a five-member committee to study the abstracts on the investigation on interdicted Judge Gihan Pilapitya.
The committee was also instructed to make recommendations on the Attorney General’s instructions to arrest interdicted Judge Pilapitiya.
Subsequently, the Attorney General called for an explanation with regard to the non-compliance with his advice to invoke the judicial process in interdicted High Court Judge Gihan Pilapitiya’s case.
Embilipitiya High Court Judge Gihan Pilapitiya was interdicted on January 22 over the controversial phone conversation he had with UNP MP Ranjan Ramanayake.
A series of audio recordings of phone conversations between the MP and several high-profile officials in the country including former Director of the Criminal Investigation Department (CID) Shani Abeysekara and three judges, were leaked to the media earlier this month.
Recordings contained phone conversations between the parliamentarian and Justice Gihan Pilapitiya, retired Judge Padmini Ranawaka, and Magistrate Dhammika Hemapala.
As per the Attorney General’s instructions, the CCD recorded statements from HC Judge Pilapitiya, Retired Judge Padmini Ranawaka and Magistrate Hemapala.
The Colombo Magistrate’s Court has ordered the Criminal Investigation Department (CID) to obtain the Government Analyst’s report on the mobile phone of the Swiss Embassy staffer, Garnia Bannister Francis, and to submit a progress report on the investigations on March 31.
The case was taken up before Colombo Magistrate Lanka Jayaratne today (11).
Senior State Counsel Lakmini Girihagama, speaking on behalf of the CID, told the court that a statement with regard to the details uncovered during the probes was recorded from the former Director of the CID SSP Shani Abeysekara on January 23.
She added that the probes had recovered a contact number from the phone of former editor of Sunday Observer newspaper Darisha Bastian, which belonged to the current editor of the said newspaper, Anurangi Priyamvada Singh. Accordingly, the CID has recorded a statement from Priyamvada Singh yesterday (10), the senior state counsel further told the court.
Attorney-at-Law Upul Kumarapperuma, the defence counsel, told the court that his client’s defence statement is based on the data that is stored in her mobile phone. He, hence, requested the court to issue a decree that these data, recorded from May 01 to November 25 last year, be kept secured.
The chief magistrate has then informed the defence counsel to make this request in writing during the next hearing of the case.
The case was then scheduled to be taken up on the 31st of March.
It is also reported that the Garnia Bannister Francis appeared before the court today for the hearing.
China on Tuesday commended” Sri Lankan Prime Minister Mahinda Rajapaksa’s remarks that the island nation has received a lot of benefits” from Beijing’s ambitious multi-billion-dollar Belt and Road Initiative (BRI).
The BRI is an initiative launched by Chinese President Xi Jinping when he came to power in 2013. It aims to link Southeast Asia, Central Asia, the Gulf region, Africa and Europe with a network of land and sea routes.
During his recent visit to India, Rajapaksa said his country has received a lot of benefits from the BRI.
China, in the last few years, received over $8 billion funding for its infrastructure projects. Sri Lanka handed over its Hambantota port to China in 2017 as a debt swap.
When asked for a reaction to Rajapaksa’s remarks, Chinese Foreign Ministry spokesman Geng Shuang said, China commends the comments made by Prime Minister Rajapaksa”.
China and Sri Lanka share a strategic cooperative partnership based on sincere mutual assistance and ever-lasting friendship,” he said.
Based on Sri Lanka’s development needs, China offered loans to support its infrastructure building and other major domestic projects concerning people’s livelihood. These projects and loans have boosted Sri Lanka’s economic growth, created a large number of local jobs and contributed to the country’s sustainable development,” Geng said.
Those outcomes have been commended by the government and people of Sri Lanka. China stands ready to strengthen BRI cooperation with Sri Lanka to deliver more benefits to the two people,” he said.
MOSCOW (Sputnik) – Russia could build a nuclear power plant (NPP) in Sri Lanka someday, considering the growing energy demand in the country, Russian Ambassador to Colombo Yury Materiy has said in an interview with Sputnik.
Since the Sri Lankan government favours pollution-free energy and aims at gradually replacing coal and oil with gas and alternative energy sources, the use of nuclear energy is possible only in a long-term perspective, while relevant effort is already made, the ambassador said.
“The NPP would the final result of the intergovernmental cooperation on the peaceful atom. Considering the shown interest and Sri Lanka’s progressive economical development, the energy consumption is increasing significantly. In this context, the idea to build an NPP may well be discussed and may be implemented in the long-term perspective”, Materiy said.
He recalled that Russia’s nuclear corporation Rosatom and relevant Sri Lankan bodies held in 2017 their first consultations on the Russia-initiated intergovernmental agreement on cooperating on the peaceful use of the nuclear energy.
We refer to the well-researched article by Shenali Waduge ‘ What happens when state land is privatized and farmers are given title deeds’
1]Why does the MCC require Sri Lanka to weaken the legal profession-
The essence of the astonishing piece of
legislation called the MCC is the conspicuous contravention of
the rule of law
We are confident that the Hon President will look into this matter immediately. We are also confident that most Sri Lankans, including those living abroad, will volunteer to help without remuneration and invest their knowledge in the battle to preserve the independence of the judiciary and the property rights of our country.
We are discussing –1]section 6.8 which undermines the authority of the judiciary
2] Annex 1 –page 31—MCC endorses the law introduced in 1998 by the
Government over night changing the land law on the advice of the
World Bank which excludes judicial authority and vests power in the
administration.
3] Annex 1 –34 –Government delegates its authority to a Primary Agent
called MCC Sri Lanka for 5 years to administer the projects after
excluding the judicial authority.
An erudite member of our Judiciary had
given a warning against interfering with the
independence of the judiciary, amid mounting concern over the new plans
after independence to overhaul Sri Lanka’s Judicial authority by
donors. Hon
Justice Weeramantry in his book Equality and Freedom warns us of this
tragic situation in which the judicial authority is being weakened and the
established legal profession bent over backwards to please donors.
His warning is as follows — ‘This is
an abandonment of the theory of separation of power. The legislature thus
becomes the supreme instrument of State power and , corollary, a large area of
traditional court jurisdiction to pronounce on the constitutionality of
legislation may move out of the ambit of ordinary Judicial power. With
safeguards, as under the Sri Lanka constitution legislature will not misuse
their enormously enhanced powers. Without such safeguards the position can be
perilous’
The process
of privatisation according to the MCC must take place before the
Agreement is passed . A company known as MCC Sri
Lanka Pvt Ltd said to be the Primary agent of the Government will
administer the process This company and any US employee
and contractor who will enter our country for 5 years shall not
be responsible to the judiciary for the sins of commissions and
omissions, this includes fraud, damages, murder and rape. . Alarmingly
legislation will be introduced to repeal all judicial powers to workout the
revolutionary changes to Sri Lanka’s land rights .[ Torrens law and
digitalisation ]
The
pressure which the Sri Lanka government is faced with to accept the gift
has come to appoint of interfering with traditional fair trial principles
through specific enactments. We are sure the Attorney General will not
accept this. The legal professionals who have access to court today may not
have any access to court if foreign lawyers are employed.
When all
other nations are protecting their land rights and resources relating to land
with stringent modern laws specially when entering into electronic systems , we
are handing over lands to be used in any manner; that is the right to use ,
right to fruits and right to consume . Even the Romans disallowed
such powers over land to individuals they expressed in Latin Jus utendi ,
Jus fruendi and Jus abutendi .
3] Do
prosperous nations weaken the Judiciary to stabilise land rights
For
example ask the government of UK or USA to privatise their Crown land
with a promise of a gift of 480 Million Dollars repealing the judicial powers;
you may be tried for treason. As Shenali points out no sane
democracy will consider flittering away our rights and the
rights of the future generations over land in this manner.
Politicians who own land in affluent countries will know
that they cannot even demolish buildings,[ even if they are
over 100 years old] nor can they introduce crops or add fertilizer to the
soil without Government approval.
The
affluent countries that lure us with their funds and gifts to
privatise lands without any proper planning and economic survey have
never resorted complete privatization of land. When
they did they have ensured that resources are protected for the
future generations with stringent laws to mange the resources
such as petroleum industrial minerals dolomite,
feldspar, ball clay, kaolin, calcite, gemstones, mica, mineral sands, graphite,
limestone, phosphate rock, quartz, and silica sand. Sri Lanka has an array
of gemstone deposits.
4]MCC
dumb about the resources in the area of focus 10 land registries in 7
districts
Sri Lanka
has all the above said resources and in addition the Highland
Complex in the country is known for its high-grade metamorphic land rich in
gemstones. In 2011, Cairn Lanka Ltd., a subsidiary of Cairn India Ltd.,
discovered potential gas reserve in a well on one of the blocks in the Mannar
Basin in Sri Lanka. The Mannar Basin is divided into eight blocks. The combined
capacity of the eight blocks is estimated to be more than 1 billion bbl of oil.
Around $2 billion/yr is spent on petroleum imports. Experts believe that
the discovery of natural gas in the Mannar Basin will persuade the government
to start issuing permits for oil and gas exploration in the near future. Recent
reports state that Sri Lanka’s gem and jewelry industry is heading towards
becoming a global gem trading zone in the coming years. The industry currently
is hoping to earn $600 million this year. The amount of gem reserves in the
country is likely to ensure that Sri Lanka’s gem market reaches $ 1billion by
2016. The two major graphite producers in the country are Bogala Graphite Lanka
plc and Kahatagaha Graphite Lanka Ltd. The combined production capacity of the
two companies amounted to about 11,000 t/yr in 2011.
5]Measurement
of success after privatization; evaluate how much of lands had been
sold and mortgaged -The MCC Annex 111—52 ? Is
this our goal for our precious lands; repeal all the laws, abolish the
traditional institutions and wish that land should be easily saleable as
a watch [ Dicey , The Paradox of Land Law 21 L.Q.R [1905] 221] The
correct evaluation process after privatization should be how much
of land has been cultivated . We might admit that what the people require is a
good and acceptable system of land ownership with the assumption that
land should be readily available for maximum benefit to the people. It is
therefore essential that before privatization there needs to be an appraisal
of land information and the capacity to use the land . The natural
resources of our lands have to be determined and lands with valuable resources
should never be privatized . The land use planning and project
management need to commence immediately Stronger institutions will be
needed for planning and implementing land use at all levels.
Central Bank bond scam has been in news media of Sri Lanka since 2015 and when I was watching TV programs on this matter I had a feeling that it has been used by many people in the country to mislead public who haven’t clear understanding about the dealing and some TV presenters and the participants of TV programs were groping in the dark without clearly identifying the issues relating to the case and how the issues breached the prevailing laws and accepted financial procedures of the country. I also had a reasonable doubt whether a television company has taken a bribe from Mr. Arjun Aloysius and broadcasts TV programs to mislead the public. If it could prove the TV company might responsible for criminal liabilities. I am writing this article purely based on the right to express an opinion, which is recognized in Sri Lanka.
It is required to identify main
issues relating to the case which clearly show the breach of law and trust of
the public. I have not seen the forensic audit report and contents in the
report either, and the contents of the report are not aware of the public. According to my understanding the case
involved in a range of acts, which breached the Criminal Law and Administrative
Law of Sri Lanka. I feel that identifying the issues point by point is important
to the public as they have no proper understanding of the case.
• Borrowing funds to the government at a higher rate of interest than the remaining rate at the market was cheating and with a malice motive because the additional expenditure to the government will go to someone’s pocket. It is already revealed that who got the additional expenditure to incur to the government and it is quite clear that decision-makers to brow funds at a higher rate were guilty of cheating the government. In simple terms, if the control price of one measure of rice is Rs 85 and anyone buys more than Rs 85 it means that it is cheating the consumers. Who made this decision and the purpose of the decision-maker were forensically vital and did forensic auditors concerned on this fundamental issue relating to the bond scam and has it mentioned and written in the report? Many persons who were analyzing the bond scam in the media did not mention this fundamental issue and the consequences of the issue. The consequences of the borrowing action would broader and it will go to the future.
• Who made the borrowing decision to obtain funds at a higher rate and had the person who decided to take such a borrowing knew about the breach of law in terms of criminal and administrative law of Sri Lanka? Mr. Ranil Wickremasinghe as a graduate of law and Mr. Arjun Mahendran as a graduate of philosophy and the experienced banker would have known they were making decisions contrary to the law. According to the administrative law of Sri Lanka, public officers have the power to make administrative decisions if such decisions were within four corners and the decision should have beneficial to the public. If it was not within these conditions, they would have treated as ultra-virus decisions. The possible consequences of the decisions are broader and it has no benefits to the public despite the public or the government has to supper for a longer period. Who did the borrowing decision and how such a decision will negatively impact the public? Did forensic auditors calculate the possible negative impact to the government? What were the supporting points of decision-makers when they were making an ultra-virus decision? The information should have recorded in the minutes of the Monetary Board. Minutes of the meeting of the monetary board of the central bank should have been recorded the explanations and the public has no understanding of what was mentioned in the minutes of the meeting. If neither Mr. Arjuna Mahendran and Mr. Ranil Wickremasinghe believe that they are not guilty of the decision they should come forward and explain to the public. Despite Mr. Arjuna Mahendran is hiding in Singapore and Mr. Ranil Wickremasinghe is silent. The behavior of Mr. Arjuna Mahendran and Mr. Ranil Wickremasinghe proves that they have accepted the guilty of wrongdoing. This information is most probably enough to have an ex-pate trial against both Mr. Arjuna Mahendran and Mr. Ranil Wickremasinghe.
• The
information relating to the Central Bank Bond scam doesn’t provide clear
evidence to the public who decided to borrow funds at a higher rate than the
market rate, either by Mr. Arjuna Mahendran, the governor of the Central Bank
or Mr. Ranil Wickremasinghe, Honourable Prime Minister or both were together is
not clear to the public. If Mr. Arjuna
Mahendran took the decision, the procedure was that the decision should have
been informed to the monetary Board and get the covering approval. When Mr. JR
Jayewardene was president of Sri Lanka wanted to obtain his travel allowance
for the US $ 1000, which was an amount higher than the regulation and I
referred to the governor of the central bank and obtained the approval over the
phone and later obtained covering approval from the governor in writing. In this way, Mr. Arjuna Mahendran should have
reported to the Monetary Board and obtain approval. Did forensic auditors investigate this
matter? It is not clear to the public. If Mr.
Ranil Wickremesinghe, the prime minister took the decision he should
have got the approval from the cabinet (Executive) and later the approval for
the executive decision from the legislature (parliament). According to the information available to the
public, it seems that there was a clear breach of procedures which amounted to
cheat public funds and criminal breach of trust.
• As
the information is given to the public, there was a breach of criminal law and
civil (breach of administrative law). The punishment for the criminal breach
may be jail terms while the breach of civil law will be indemnifying the loss
incurred to the government.
• The
purpose of the forensic audit was to identify supportive information for
litigation of responsible persons and the volume of money involved in the two
areas, but the public has no information about the forensic audit results and
it seems that TV programs on this matter are misleading the public or attempt
to coverup.
• What was the purpose of borrowing money and how did use borrowed money were other aspects that should have investigated by a forensic audit? If money misappropriated without using for the purpose who got the real benefits out of funds. As people understand a part of the money was distributed to candidates of UNP in the 2015 general election and can the ruling party use the government funds for election expenses? Who were the UNP candidates used funds and they also guilty of misappropriation of government funds? The public was not given information about this. According to criminal law provisions, the members of the parliament who got the benefits from borrowed funds are guilty and they also should a part of the trial.
TV programs conducted by TV companies
and participants of the programs including Mr. Sunil Hadunneththi did not
explain point by point to people and I have a reasonable question whether they
wanted to mislead the public talking unknown and irrelevant matters rather than
presenting the real picture of the central bank bond scam.
Many additional points than raised in part one the article could be raised from the Central Bank Bond scam and the audit process as follows.
• Did the forensic audit process reveal that Mr. Ajith Nivard Cabral gained financial benefits from bond issues during his period? This is a controversial question and when there was a direct placement which was governed by the central bank how it has happened, Mr Hadunneththi should have clearly explained to the public. There is no evidence that there were over purchases during the tenure of Mr Ajith Nivard Cabral and the effective interest rate was changed by him without disclosing to the monetary board. I watched a TV program Mr. Hadunneththi was neither explain the relevant points nor described the factual incidents with evidence happened during the tenure of Mr. Cabral.
• Interest rate and the exchange rate of Sri Lanka had been changed since the year 2000 and it should be accepted that the central bank has not been able to control the interest rate and exchange rate as expected by the policymakers of the country and the original law of the establishing the central bank of Sri Lanka. It was not a problem with Mr. Cabral alone. The executives who were responsible for the roles need to get the blame. There have been several governors since 1951 including Mr.NU.Jayawardane.
• The clear fact in relation to the central bank bond scam is Perpetual Treasures have gained a large sum of profits at the cost of the government and it was a clear case of undue enrichment. How the excess profit was shared and what was the relationship between previously mentioned over-borrowing by issuing bonds and related interest rate decisions. Did perpetual Treasuries interpret how a large sum of profit made and why the company distributes profits to various parties including UNP candidates of the 2015 general election?
• It is quite clear that Perpetual Treasuries gained a higher volume of profits from bond deals eyewash of the government authorities and public. It also says that the perpetual treasuries gave money to UNP and its members for election expenses. It shows that those who gained financially and other benefits also guilt to bond scam and the government needs to act against them. It seems that the bond scam was organized crime.
The debate of bond scam also revealed
that the central bank has failed to discharge its role as the regulatory
authority of the financial system of Sri Lanka. The governor of the bank has
spent over-time to engage in playing the role of a market player by engaging in
investment activities of EPF than playing the role of the regulatory authority.
The over-spending time for EPF management didn’t protect the right of EPF
members and a huge to created to innocent employees of the country.
The other issue was Perpetual treasuries borrowed money to settle bonds from Bank of Ceylon, Peoples’ Bank and National Savings Bank. As the person who drafted the credit policy manual of the Bank of Ceylon, I know that the Bank of Ceylon cannot lend money to a customer in the corporate market. How did it happen? Did perpetual treasuries give incentives to trading bank executives? When I was training Bank of Ceylon executives for lending decision making, I gave an example from various banks in the world how company executives rob banks and advised bank executives to not to engage such malpractices. I wrote a case study, Contrite Contractors, to point out issues. Did Bank of Ceylon follow risk acceptance criteria providing lending support to Perpetual Treasuries?
Neither Mr. Hadunneththi nor Mr. DEW Gunasekera nor Television precentors were concerned about the major role of the central bank, which is the regulatory authority of the financial system of Sri Lanka and how Mr. Arjun Mahendran failed to play the role as the chief of the regulatory authority. If Mr. Arjuna Mahendran showed he was an inefficient manager did he play a responsible executive of an international bank? Was his bio-data true information or fabrication to mislead the public. Did the government of Sri Lanka check references before he recruits to the position? They are critical points to the management world. Did he play the role of PAT GAME at CITI published in INSIGHT Magazine?
When he was recruited to the governor position a Sinhala newspaper published an article about Mr.Arjuna Mahendran, which was very impressive information about him and after reading the article, I had a suspicion about his qualifications. The author of the article was a person who went to the court against the change of Mr. Gotabaya Rajapaksa’s citizenship before the presidential election in 2019 and the author mentioned in the article, he was a doctor or a Ph.D. holder and why did such an educated person write fabricated information. My feeling was Mr. Arjuna Mahendran a philosophy degree, not a degree in accounting, economics or management or business and why HSBC offered him the Chief Executive position? HSBC is a refuted bank in the world and I am sure that HSBC would not give a higher post to a cunning person. It has superior recruitment methods.
The president of Sri Lanka must expedite
taking legal actions against responsible people to the central bank bond scam
1918 දී ඉන්දියා-ලංකා පෙඩරේෂන් එකක් සදන්නට යෝජනාකල අරුණාචලම් පොන්නම්බලම් මහතා, 1919 දී ආරම්භකල ලංකා ජාතික සංගමයෙන් 1921 දී අස්වී, 1923 දී ලංකා දෙමළ සමිතිය පිහිටුවා ගත්තේය. එහි අරමුණ වූයේ, ලංකාව, දකුණු ඉන්දියාව හා අනිකුත් දෙමළ වැසියන් සිටින යටත් විජිත වල (මලයාව වැනි) දෙමළකම පණගැන්වීම, පැතිරවීම, එකමුතුකම හා සංවිධානය කිරීමය. – පෑන් ටැමිලියන් ස්ටේට්- (the idea of a pan-Tamilian state- to keep alive and propagate throughout Ceylon, Southern India and the Tamil colonies, the union and solidarity of Tamilakam, the Tamil Land).
The UNP Central Working Committee approved the MP Ranjith Madduma Bandara as the General Secretary of its new political alliance this afternoon. This was confirmed by MP Sujeeva Senasinghe.
Meanwhile, sources say that it is reported that there was no consensus on the symbol and name of the proposed UNP led alliance, at the working committee meeting. The majority of the working committee proposed “elephant” as the symbol and opposition leader Sajith Premadasa and several MPs walked out.
Earlier, a discussion of the UNP Central Working Committee was held to take a final decision on the new alliance and its General Secretary position at the UNP Headquarters Sirikotha
14 MPs, including Opposition Leader Sajith Premadasa, boycotted a similar meeting held on January 30 in protest of removing 4 of its members from its membership.
The four defiant members are affiliated with the Sajith faction.
Meanwhile, the Election Commission officer stated that if a new political party is set up, it should be registered affiliated to an existing registered political party.
He said that his office has received such a request from a registered political party to set up a new alliance.
The number of people infected by the coronavirus in the UK has doubled to eight – after four more patients in England tested positive for the virus It comes as the government announced new powers to keep people in quarantine to stop the spread of the virus.
In order to do this, the Department of Health has described the coronavirus as a “serious and imminent threat” to public health.
There have been more than 40,000 cases of the virus globally, mostly in China.
The total number of deaths in China is now at 910 – but the number of newly-infected people per day has stabilized.
Meanwhile, testing aboard the Diamond Princess Cruise ship in Japan has found more confirmed cases of the novel coronavirus. Other local media also reported approximately cases had been confirmed, raising the number of infected passengers and crew to around 136.
The head of the World Health Organization has warned that confirmed cases of coronavirus transmitted by people who have never travelled to China could be the tip of the iceberg.
Meanwhile, today, members of a WHO expert mission flew to China to help coordinate the response to the crisis.
Meanwhile, The GMOA stated today that the threat from the coronavirus could not be ignored even if the virus did not affect the country.
Addressing a media conference held in Colombo today, GMOA general secretary Dr. Haritha Aluthge said a quarantine center should be set up in Sri Lanka with immediate effect as viral diseases are currently spreading all over the globe.
Courtesy The Visual and Data Journalism TeamBBC News
A fast-moving virus known as the “new coronavirus” has infected thousands of Chinese citizens and spread to more than 20 countries.
The respiratory infection, which causes pneumonia-like symptoms, has claimed more than 900 lives so far – more than the 774 killed in the 2003 Sars epidemic.
The outbreak, originating in the Chinese city of Wuhan, has been declared a global emergency by the World Health Organization (WHO).
Here are 10 maps and graphics that will help you understand what is going on.
1. There have been thousands of cases – the majority in China
Across China, thousands of people have been infected with the coronavirus, with thousands more under medical observation.
The WHO has warned the number of cases is likely to rise further.
The WHO has warned the number of cases is likely to rise further.
But while the overall number of cases continues to rise, the latest figures released by the Chinese National Health Commission show the number of new daily confirmed cases has begun to decline from a peak on 5 February.
The number of new cases in China is “stabilising”, the WHO says, but it is too early to say if the virus has peaked.
Head of the WHO’s health emergencies programme Dr Mike Ryan told a news conference the stabilisation “may reflect the impact of control measures put in place”.
But he warned against assuming the virus had plateaued.
Epidemics can slow down and then accelerate again, infectious disease experts say.
China has recorded its highest number of deaths in a single day from the new coronavirus, with 97 people dying on Sunday.
Figures released by the Chinese authorities show the number of daily deaths has risen steadily since the end of January.
The number of coronavirus cases and deaths have both overtaken that of the 2003 Sars epidemic, which also originated in China and killed 774 people.
There were around 8,100 cases of Sars – severe acute respiratory syndrome – reported during the eight-month outbreak.
3. China introduced a number of measures to try to halt the virus’s spread
Tight restrictions to contain the disease remain in place in China, despite some workers heading back to their jobs following an extended Lunar New Year holiday.
Authorities have cancelled flights, closed factories and schools and ordered some cities to go into lockdown in a bid to reduce infections.
Many companies are opening a selected number of workplaces as well as limiting staff numbers and staggering working hours.
Hubei province remains the worst affected, seeing by far the biggest number of cases of the virus as well as most of the deaths.
Its capital city of Wuhan, home to 11 million people, remains virtual lockdown, with its train stations and airports shut and its roads sealed.
The origins of the new coronavirus have been linked to illegally traded wildlife at Wuhan’s seafood market, which sells live animals including bats, rabbits and marmots. However, the exact source of the outbreak has not been identified.
The
Lessons Learnt & Reconciliation Commission Report of November 2011 declared
22,247 LTTE dead of which 11,812 had been identified by name. However, 10,435
LTTE dead had not been identified by the time LLRC report was released in
November 2011. Has Sri Lanka’s MoD identified the remaining unidentified 10,435
LTTE dead with names is what we want answered first. Secondly, the Office of Missing Persons’ instituted in 2017 has a list
of its own on dead & missing which in total numbers 23,586 and includes 5000 missing soldiers of Sri Lanka’s Armed
Forces. Does OMP feature any of the 22,247 LTTE dead or even the 10,435 LTTE
dead that could not be identified before LLRC report was released?
Sri Lankan
Government & OMP officials must provide answers
The
entire list of 11,812 LTTE dead with names
List
of 10,435 LTTE dead if they had been identified AFTER LLRC report was made
public
If
10,435 LTTE dead have not been identified – their photos must be made public so
that their families can come forward & identify them
Is this 10,435 LTTE dead included by
Tamils as ‘civilians’ in the OMP list of 18,586 (having omitted the 5000
Missing Sri Lankan Soldiers)
Can
LTTE dead be included into OMP list of missing?
Who
are the 23,586 missing / by name & ethnicity & since when have they
been missing (all details pertaining to them must be available in the OMP website)
Who
are the 18,586 given to Paranagama Commission – by ethnicity & name (having
omitted the 5000 Missing Sri Lankan soldiers)
If LTTE dead in LLRC are featured in OMP then the OMP officials have some explaining to do
We would like to know what the OMP has done about missing people during UNP/JVP killing spree of 1980s/1990s as well as every person missing by LTTE because their lives matter too not just LTTE dead
Sri Lankan tax payers will
not agree to paying a single cent to LTTE dead or LTTE families. Let’s be very clear about this.
LTTE killed many an innocent unarmed civilian who had done them
no harm. Many of those who survived are injured for life and cannot even make a
living on their own. They have been neglected by their families as their
families cannot look after them in view of the poverty they suffer. These
victims and their grievances must take precedence over feeling any sympathy for
LTTE murderers & their families. No
State can agree to compensating LTTE terrorists when LTTE remains banned in Sri
Lanka completely forgetting what LTTE did.
We are willing to let
bygones be bygones and move on and even allow rehabilitated LTTE to begin a new
life but we are not in agreement for our tax money to be given to any LTTE dead
or LTTE family as compensation.
The LTTE diaspora is holding a kitty that is full of money from
illegal and legal international ventures. The LTTE made annual profits of
$300million which must have trebled by now since they do not have to purchase
arms, ammunition or maintain combatants. GoSL must canvass among foreign
governments and seal these funding and transfer that to ill-gotten money to
maintain victims on both sides who suffered because of LTTE rather than pass on
the burden to the already suffering tax payers of Sri Lanka.
GoSL – do not move a cent of tax payers money to compensate a
single LTTE dead or their families.
The liberals and NGOs and their foreign partners whose love for
LTTE dead and their families oozes out 24×7 are welcome to use their personal
fund to compensate the LTTE dead and their families given that many locals and
foreigners had a lucrative job because LTTE existed and were able to travel
around the world holding terrorist tamashas, conflict-resolution workshops and
enjoy 5-star hotel stays. So naturally, they are indebted to the LTTE for what
they enjoyed while LTTE thrived. So they can return the favor by looking after
the LTTE dead families & compensating from their own funds.
We demand to know the names of anyone claimed LTTE dead as a
civilian – that is completely prohibited by international law. LTTE has
violated Rule 1: THE PRINCIPLE OF DISTINCTION: DISTINCTION BETWEEN
CIVILIANS AND COMBATANTS which binds LTTE The parties to the conflict
must at all times distinguish between civilians and combatants. Attacks
may only be directed against combatants. Attacks must not be
directed against civilians”
LTTE
fired keeping civilians amongst them and LTTE did not allow civilians to flee
to safety while shooting dead the civilians that did so. LTTE had an armed
civilian combat unit and any person belonging to this unit who died cannot
claim to be a ‘civilian’.
So what we want answered is – who among
the Tamils killed were LTTE / LTTE civilian force & 100% civilian not
having taken part in any hostilities whatsoever.
Can UNHRC / OISL / UN rapporteurs /
diplomats / NGO and INGOs answer this simple question. Unless they can answer
this NONE OF THEM can accuse Sri Lanka’s Armed Forces of committing ANY WAR
CRIMES whatsoever.
The
UN and media reports end with the most preposterous assumption negating
statements by GoSL & Sri Lankan Armed Forces claiming that since
independent media/humanitarian activist presence was not available details
cannot be verified. Oh yeah sure, LTTE who did not allow its own people to flee
and who does not think twice about killing or keeping anyone hostage or as a
human shield will allow media and NGOs to take down notes and validate how they
are firing at the army from civilian presence! This is too hysterical to even
imagine!
For
10 years we have been taken around the mulberry bush by the UN, INGOs, NGOs,
human rights organizations and diplomats. All of them love to read fancy
speeches but none of them have plucked even 20 skeletons from the war zone to
claim mass murder or war crimes committed by the Sri Lankan Armed Forces to the
tune of 40,000 which is the basis of war crimes allegations. While they sit on
their mighty armchairs refusing to accept the UN Country Team report giving
7721 dead, the GoSL survey at end of conflict claiming 7400 dead or population
survey done by Tamil Teachers in July 2011 revealing 7896 dead they cannot
other than pluck figures from the sky validate even 10,000 dead with names.
The Sri Lankan Armed Forces have been humiliated enough throughout these 10 years. These lies and fabrications against them must stop or produce every name and detail of the supposed to be dead 40,000!
Indo-Sri
Lanka relations have never been what either country would have liked it to be. What
both countries should realize is that small as Sri Lanka may be, India cannot
afford to bully it or destabilize it as India would have liked. The terrain is
now far different than when India could call the shots in 1980s. There are
bigger and far more powerful players that even India needs to weather with caution.
There are many faux pas that India will not like to admit to, but what India
must realize is that if it is in Sri Lanka’s best interest to ensure India
remains unbalkanized, it is to India’s best interest that Sri Lanka remains
without elements that covertly propose to do what was done to the Soviet Union
& the former Yugoslavia.
Sri
Lanka’s PM and former President is in India. The Indian PM has clearly stated Stability
of Sri Lanka in India’s interests as well as Indian Ocean Region. Who is destabilizing
Sri Lanka? India must answer for the elements that destabilize Sri Lanka will
be the same elements that will destabilize India just as covertly as being done
in Sri Lanka.
The
Tamil card played by India is the very card being played by the West to strike
its presence in Sri Lanka. The Tamils have played a historical role in being
part of the West’s toolkit during colonial rule as indentured labor,
mercenaries and sepoy army. Therefore, India must be mindful of overplaying this
card as it also means balkanizing of India via Tamil Nadu. India take note –
every demarche issued by India to Sri Lanka regarding minorities in Sri Lanka
will be usurped by West for its destabilizing purposes which will eventually
boomerang on India as well.
A
good look at the West-government funded faith-based charities and ‘ngos’ would
tell the story of what is planned for India in time to come. Now that the fox
is posing as ‘friend’ and given access to India it is only a matter of time
that plan for India will be put in place and already many Indians may be roped
in for this bigger quest. The greater eelam for the West would probably be the alternative
to Diego Garcia!
What Congressman Edolphus Towns said in 1998 is important and must be recalled throughout India’s interactions with the US.
Has
India thought about who its greater enemy is? Obviously India has been roped
into taking an anti-China stand and is part of the US-Japan-Australia ‘quadrilateral
consultation’ strategy in Asia Pacific. US has also redefined its US Pacific
Command as Indo-US Pacific Command. US has roped in India for various counter
terrorism drives too. What’s baffling is that it is an open secret that
majority of Islamic terrorists are peddled by US and its Western stooges who
are trained, armed and imported to wherever US eyes its presence or wishes to
ground itself in on pretext of ‘war against terror’.
China’s
B&R for global development of all partner nations or US pivot meaning neocolonial
capitalism grabbing worlds resources and sharing amongst a few corporate elites
should hardly leave a choice for India. If India thinks China is a bigger
threat, India may well like to explain what happened to every country US is now
militarily showing its presence in. The outbreak of coronavirus and its global
outreach has resulted in questions of bioengineered depopulation drives which
cannot be brushed aside as conspiracy theories. Russia too raised similar
doubts – https://www.bbc.com/news/world-europe-51413870
All
these will eventually have an impact on India and India has questioned western
NGOs for various vaccination related deaths but the same entity in 2019
bestowed the Indian PM an award! Dishing out awards has been part and parcel of
West’s policy to draw in Asian and Africans into their fold and sphere of
influence.
The
pro-Russia stand taken by India changed in 1982 following Indira Gandhi’s visit
to US. It was round about the same time India-assisted Tamil militancy came
into open guerilla tactics in Sri Lanka. However, Mrs. Gandhi was assassinated
2 years later and her politically novice son Rajiv took over. The first
strategic dialogue between India & US was in June 2010 and India was called
an indispensable partner.” President Obama
pandered to India’s aspiration to become a permanent member of the UNSC. In
July 2011 as part of the US-India Strategic Dialogue a MOU was signed on cyber
security cooperation. With US announcement of its pivot to Asia, US Defense
Secretary was quick to land in India and announce military ties in 2012. Modi’s
visit to US in 2014 and Obama’s 2nd visit to India in 2015 delivered
the message “America can be
India’s best partner.” Probably that made India to assist
regime change in Sri Lanka in January 2015. Thus not surprisingly US elevated
India to a major defense
partner in 2016 with India now enjoying treaty benefits. PM Modi was
again in US in 2017 and in 2018 Communications
Compatibility and Security Agreement
(COMCASA) was signed. According to Stockholm
International Peace Research Institute, exports of American weapons to India from
2013 to 2017 increased 557% over the previous five-year period. American arms
sales to India currently stand around $18 billion. No one can forget that all
of the world’s tyrants were all bosom pals of US! These very friends eventually
became foes of the US once US had strengthened ties and ironed the landscape
well enough to depose their friend and take over. This is what India needs to
be mindful of. Probably the Western think tanks know about India’s terrain far
more than India by now! These tie-ups make any Asian state view its relations
with India as being part of the US strategy in Asia and that is not healthy for
India’s relations with these Asian neighbors or for India eventually.
While Sri Lanka has managed to avert the over-reaching pro-US following
2015 regime change, US influence in Nepal has been such that not only its
constitution has been changed but Nepal is virtually trapped to signing the MCC
which is part of the US project in Asia to counter China. It is to India’s best
interest as well as Sri Lanka’s that MCC-SOFA-ACSA and US Peace Corps deals do
not get passed in Sri Lanka. These agreements will be major chaos trigger
points to Sri Lanka – India & rest of Asia with US troops grounded in Sri
Lanka with US vessels, personnel & contractors given full portfolio of logistics
services in Sri Lanka with 100% immunities.
In August 2017 President Trump declared U.S-India strategic
partnership would also be a critical part” of the South Asia strategy. US
claims the Indo-Pacific
is the single most consequential region for America’s future.” Why? Asia is the
world’s biggest continent – India & China are the two most populace
countries, the world’s biggest Muslim population is in Indonesia, 7 of the 10
largest standing armies in the world are in Asia Pacific and 1/3 of global
shipping passes through South China sea. Should India be part of US strategy to
contain China’s rise at the cost of alienating itself from Asian neighbors but
aligned to US traditional allies Japan, Philippines, Korea and Australia? In
the quest to contain China will US not eventually consider India’s
disintegration as well. Economic quest for supremacy also means bids to grab
natural resources and there are no permanent friends but permanent interests in
these decisions.
Congressman
Edolphus Town’s 1998 statement is important because for US, it is China who US
regards as threat and India is just a ploy to get closer to China. India’s
decision to purchase S-400 air-defense
missile systems from Russia inspite of America’s threat to sanction signals
that India has decided to play a more independent role than Japan. India must
continue to do what is right for India and its national security irrespective
of its partnership with US.
As the Indian PM said
the Stability of Sri Lanka is in India’s interests as well as Indian Ocean
Region. The threats Sri Lanka faces presently will be the very threats that
will be transferred to India. India must allow Sri Lanka room to take care of
its internal national security threats and feel assured that Sri Lanka will
never allow its turf to be compromised because Sri Lanka knows that same enemy
will target India next.
India should determine who its bigger enemy is & decipher what India will eventually be in store for.
Those interested in the issue, want to know,
how a Tamil version arose. It was due to British rule. The British
administration recognized Tamil as a vernacular language, together with
Sinhala. Tamil words were shown on rupees and coins, (e.g. the 10 cent coin of 1928). There were Tamil
vernacular schools. Also, Tamil was going to be an official language after Independence.
Taking all this into account, the legislators
allowed a Tamil translation of the national anthem. But right from the start
the Tamil version met with opposition. When it was sung for the first time in
1949, some members of the audience remained seated. (Lankadipa of 5.2.1949)
The national anthem did not feature in the
1972 Constitution. But the 1978 Constitution included the national anthem in
its schedules. The anthem was to be in Sinhala only. We can infer that from the
English translation, which was a transliteration. The Tamil translation came
about because Tamil MP K. Devanayagam
asked for it, saying the Tamil speaking group wished to sing in Tamil.
In 1987,
Tamil became a national language thanks to the 13th Amendment. Tamil speakers then became arrogant. Tamil is
now a national language, on par with Sinhala, and the Tamil translation
is no longer an option. It is a must, they said.If
Tamil speaking citizens demand that the national anthem be sung in Tamil the
other communities have no legal or moral right to obstruct it. Like the Sinhala people, Tamils too take
pride in their language, Tamils love
their language and they must be allowed to sing the national anthem in it and indeed must never be asked to sing in
Sinhala.
These arguments did not carry the weight the Tamils
expected. To start with the public was highly critical of the 13th
Amendment, which made Tamil a national language .the amendment was forced on
Sri Lanka by India and was passed in Parliament under coercion. The public were
angry.
Kamal Gunaratne records two demonstrations,
one before and one after the Accord was signed. The first was a massive protest
march from Kolonnawa heading towards Presidents House. The marchers were aggressive, chanting anti
government and anti Indian sentiments. Kamal recalls the violent reaction of
the crowd, as The army turned them back. they dispersed, ‘shouting at us in
foul language scolding not only us, but also our parents, grandparents and
great grandparents.’
The situation remained tense after the Accord
was signed, continued Kamal. A second protest march had started from Castle
Street area. The army had to use force to disperse the crowd. Once again we were subjected to angry, abusive
language, this time against the President and Government as well as our
parents. These waves of unrest also spread to other parts of the country.
Tamil
anthem supporters said they needed to sing in Tamil because the Tamils
do not know Sinhala. ‘We can’t sing in a language we don’t understand, they
said. This is not correct. Tamils know Sinhala.
Television news show Tamil politicians and
Tamil citizens speaking fluently in perfect Sinhala. These fluent speakers
include Sampanthan and Sumanthiran. Derana news of 14.1.2020 showed a meeting
between Tamil journalists and Prime Minister Mahinda Rajapaksa. Speaking in
perfect Sinhala, they asked about singing the anthem in Tamil at the next
Independence celebrations.
The total
population of Tamils in the 2012 Census was 2,269,266. Out of this, 392,583
(17.3%) know Sinhala. This leaves 1,876,683 who do
not know Sinhala. This amounts to less
than 2 million, out of a total Sri Lankan population of 20 million.
However, the Tamils continued with the argument that they cannot
understand Sinhala. Tamils cannot think of themselves as Sri Lankan when the
national anthem is in a language that they cannot understand.
‘it will be meaningless to force a Tamil to
sing the National Anthem only in Sinhala, if that person cannot comprehend the
literary content of the song, which needs a sound knowledge of the language,
they said.
‘There is greater chance of
inculcating a sense of Lankan patriotism in Tamil/Muslim children when they are
allowed to sing the national anthem in their own language rather than parrot it
in a language they barely understand,’ said this group. Tamil could understand
the meaning instantly when they sing it in Tamil.
What the opponents of singing it in Tamil
advocates is to force Tamils to recite it without understanding it. What good
will that do? It would become drudgery and people could refrain from singing it
altogether. Or worse, compose a song for themselves with different sentiments.
There are 3
million Tamils, all Tamil speaking, and 3 million Muslims, mostly Tamil
speaking, whose patriotism is intimately tied up with the use of their mother
tongue, as much as the patriotism of the Sinhalese is tied up with the use of
their mother tongue. There is nothing romantic about singing the National
anthem in Tamil, replied the Sinhala group.
Supporters of the
Tamil anthem also fell back on a comment by Colvin R de Silva which is treasured
by the Tamil Separatist Movement. Colvin
said ‘One language two countries. Two languages one country’. This is an absurd statement and it should be
forgotten.The correct position is, One language, one country. Two
languages, two countries.” British
Canada gave the French language a place after defeating the French .Now Quebec
wants to secede. Sri Lanka recognized Tamil, now the Tamils wants Eelam.
Colvin’s statement has been modified by Ryp
Van Winkle. Ryp said that after the independence celebration of 2020, Eelamists
have been given the opportunity of saying ‘One anthem, two nations. Two
anthems, one nation.’ I will show, later
on in this essay, that it is ‘two anthems, two nations’.
Tamil anthem supporters heavily criticized
those who did not want to hear the national anthem sung in Tamil. ‘nationalists want to ram the Sinhala national
anthem down the throat of our Tamils speaking brethren’, said one critic.
‘People who insist that Tamil speaking people
should be forced to sing the national anthem in Sinhala wish to demonstrate
their superiority to the numerically weaker Tamils. It shows
Sinhala dominance’ said another.
‘the loud mouths Wimal Weerawansa and Bandula Gunawardena,
to name but two opponents, were recently heard denouncing the very thought of
allowing the national anthem to be sung in Tamil. One dares to ask what high
qualifications Wimal Wee and Bandula Gee possess to so vociferously deny the
Tamils also that bit of expressed respect to our common motherland.’
Supporters of the Tamil national anthem
saw nothing wrong in singing in Tamil.
‘What is wrong in letting them sing the national anthem in Tamil to the same
tune? They would understand and sing
with the same feeling. For this land is
as much theirs as ours. We must give the Tamils back their dignity. It is only the racists, who object’ said one
supporter.
‘A national anthem is meant to
unite and that doesn’t mean singing it in one language in a multi language
society where diversity is recognized and accommodated in the constitution.
Accommodating the linguist diversity of our people increases loyalty, a sense
of belonging and strengthens unity rather than threatens it. Accommodating
diversity strengthens unity,’ said another.
‘The singing of the national anthem in Tamil
was a very significant act of the government to make the Tamils feel equal and
a sense of belonging to the state.’ ‘It will also help chauvinistic Sinhalese to
remember that there are people other than the Sinhalese living in this
country,’ concluded this group.
In these divisive times, when there are clear
indications of certain forces hell-bent on widening the rift, isn’t it a short-sighted
and reckless move to exclude the National Anthem from being sung in Tamil –
particularly after it had been sung in that language for a number of years’
The Tamil anthem supporters spoke
strongly. the country is
already divided and by singing the National Anthem in Sinhala, it will divide
the country further. ‘The Sinhala only national
anthem was designed to divide rather than unite, to widen the psychological
gulf the majority and the minorities and drive home the lesson that minorities
are not so welcome interlopers in a Sinhala country,’ they said.. We must voluntarily learn the
national anthem in each other’s language, so we can all sing it together.
In 2020
they said, the cancellation of the Tamil language national anthem is not a mere
procedural adjustment. It involves an important policy change carrying serious repercussions,
taking the country back 60 years to the disastrous ‘Sinhala Only Demand’ era.
What we face now looks very much like a Second ‘Sinhala Only’ demand, carrying
disastrous consequences.
TNA MP Sumanthiran said When the Sirisena/Wickremesinghe
administration came to power in 2015, the national anthem was sung in Tamil at
the Independence Day for the first time. I took part in the Independence Day
celebration with TNA leader, R. Sampanthan. It was the first time that ITAK
representatives attended an Independence Day celebration in decades. If
the present government wants the Tamils
not to sing the national anthem, we will be glad not to sing it.”
Supporters
of the Sinhala anthem point out that singing the national anthem in Tamil does
not help unity. some
people think that singing the national anthem in Tamil will promote national
reconciliation. how does singing the national anthem
in two different languages bring two ethnic groups together? On the contrary,
are we not moving further away from one another by singing the anthem as two
separate groups,” they asked.
Singing the
national anthem in the Sinhala language does not affect peace and harmony among
different communities in the country, either, Jaffna Tamil Buddhist Association
President Ravi Kumar said. Whether we sing the anthem in Tamil or
not, Sinhala is considered the prominent language, because it is the language
of the majority, said others.”
The national
anthem of Sri Lanka is not a mere song to be judged musically. A national anthem is a symbol of unity. It should be a ‘national anthem’ not a
communal anthem.
What do the Sinhalese or the government stand
to lose by singing the National Anthem in Tamil? asked the Tamil supporters,
determined to push the issue. No damage has been done to the sovereignty of our
people or the unitary state of our country as a result of singing the national
anthem in both official languages, they said.
That statement cannot be accepted. Much damage
can be done by singing the national anthem in Tamil today. That is because
singing in Tamil reinforces separatist tendencies and there is a growing
separatist movement in Jaffna today. There are clear indications of this. The
Ezhuga Tamil march (Rise up Tamils”)
rally drew huge crowds. An estimated 10,000 to 15,000 had attended. The rally
was supported by the university and the civil society groups.
The Ezhuga movement wanted
the merger of
North and East.
Northern
Provincial Council unanimously adopted a resolution in 2016 that asked for the
merger of North and East into one state, with its own Parliament. TNA also
wants a merger of North and East provinces. TNA leaders Sumanthiran and
Sampanthan spent the full Yahapalana period, (2015-2019) telling foreign
visitors that the Tamils are separate nation, the north and east is their
homeland and they are entitled to self-determination.
Today the north is all
Tamil, and they have with all impunity sung the national anthem in Tamil, said Sarath
Weerasekera in 2016. At the opening of the Jaffna
International airport in Palaly, on 17 October 2019, the national anthem was not
played in Sinhala.
(CONCLUDED)
